C1

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 1(3), 42(22), sch. 2.

42.— ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

C2

Application of Act restricted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 3, S.I. No. 264 of 1999.

Restricted road freight licences.

3.—(1) Notwithstanding anything in the Principal Act or the Road Transport Act, 1935, the Minister may grant, in respect of a vehicle which complies with the conditions specified in section 7(1) of the Road Transport Act, 1935 (as amended by section 29 of the Transport Act, 1958 ), a licence (which shall be known and is in this Act referred to as a “restricted road freight licence”) to a person authorising the person to import the vehicle and to use it for the purposes of merchandise road transport in the State, subject to any conditions which the Minister may see fit to impose and specifies in the licence.

...

C3

Application of Act extended (30.09.2005) by Road Transport Act 1999 (15/1999), s. 8, S.I. No. 611 of 2005.

Application of provisions relating to transport discs and vehicle plates.

8.— Except where the contrary intention appears, the provisions of the Principal Act that apply in respect of—

(a) a vehicle plate, shall apply with any necessary modifications, in respect of a transport disc, and

(b) a transport disc, shall apply with any necessary modifications, in respect of a vehicle plate.

C4

Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 1(2), S.I. No. 240 of 1986.

Interpretation.

1.— ...

(2) For the purposes of the Principal Act, as amended by this Act, a national road freight carrier’s licence and an international road freight carrier's licence shall each be deemed to be a merchandise licence under that Act.

C5

Application of Act restricted (23.12.1986) by Road Transport Act 1986 (16/1986), s. 11, S.I. No. 454 of 1986; section prospectively repealed by Road Transport Act 1999 (15/1999), s. 23 and sch., not commenced as of date of revision.

Death or incapacity of holder of carrier’s licence.

11.—(1) Where—

(a) the holder of a carrier’s licence dies or becomes physically or legally incapable of carrying on or managing the business to which the licence relates,

(b) the Minister is duly notified in writing of the death or incapacity,

(c) the holder has, or is survived by, a relative, and

(d) the Minister is satisfied that the relative has, prior to the death or incapacity of the holder, had not less than three years’ experience in the day to day conduct of the business to which the licence relates, and complies with the requirement as to good repute referred to or specified in regulations made under the European Communities Act, 1972,

the Minister may, notwithstanding anything in the Principal Act (as amended), on an application (in such form as he may direct either generally or in each case) being made in that behalf grant to the relative of the holder a carrier’s licence subject to such conditions as may be specified in the licence and thereupon the licence held by the holder who has died or become incapacitated shall stand cancelled.

C6

Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 16, S.I. No. 240 of 1986, as amended (30.08.1999) by Road Transport Act 1999 (15/1999), s. 14(2) and (3), S.I. No.264 of 1999.

Powers of transport officers

16.—(1) A transport officer shall for the purposes of—

(a) ... the Road Transport Act, 1933, ...

have power to do any or all of the following things—

(i) at any time enter a premises or place if he has reasonable grounds for believing that it is used for a purpose connected with road transport[, including the engagement or use by a person in the premises or place of the services of an undertaking for the carriage by road for reward of merchandise in a vehicle] (in this section referred to as “road transport operations”) or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any documents, records, books or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of road transport operations,

(ii) at any time inspect a vehicle which is stationary and inspect any documents, records, books, goods or recording equipment being carried in or on the vehicle or by the crew kept or used for the purposes of road transport operations,

(iii) require any person at the premises or in the place or in the vehicle to produce to him any document, book or record kept or used for the purposes of road transport operations which is in the power or control of that person,

(iv) inspect, examine and take copies of or extracts from or take away, if necessary for the purposes of inspection or examination, any document, book or record kept or used for the purposes of road transport operations and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy thereof as a true copy.

(2) For the purpose of exercising his powers under subsection (1) of this section, a transport officer may detain a vehicle during such time as is required for the exercise of those powers.

(3) A person who obstructs or interferes with a transport officer when he is exercising a power conferred on him by this section or who fails to comply with a request or requirement of a transport officer under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

[(4) A transport officer shall not, other than with the consent of the occupier, enter such part of a premises used as a private dwelling unless he has obtained a warrant from the District Court under section 16A of this Act authorising such entry.

(5) Where a transport officer in exercise of his powers under this section is prevented from entering any premises or place an application may be made under section 16A of this Act for a warrant authorising such entry.]

C7

Enforcement of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 17, S.I. No. 240 of 1986, as amended (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 117(1)(b), S.I. No. 291 of 2008.

Prosecution of offences by Minister.

17.— [The Road Safety Authority may bring] and prosecute summary proceedings for an offence under—

(a) ... the Road Transport Act, 1933 ...

...

C8

Application of Act extended (21.05.1971) by Road Transport Act 1971 (8/1971), s. 3(3), S.I. No. 166 of 1971.

Amendment of section 14 of Principal Act, and consequential provisions relating to merchandise licences.

3.— ...

(3) Every licence granted by virtue of subsection (2) of this section shall be deemed to have been granted in pursuance of the application under the Principal Act for the licence in substitution for which the first-mentioned licence is granted.

C9

Application of Act modified (1.06.1950) by Transport Act 1950 (12/1950), s. 23(5), effectively commenced on the establishment day set out in s. 2(1).

Transfer to the Board of undetakings of dissolved undertakers.

23.— ...

(5) (a) On the establishment date, every licence to which this subsection applies and which was immediately before the establishment date held by either dissolved undertaker shall, by virtue of this Act, be transferred to the Board and shall, on and after the establishment date, have effect as if the name of the Board were substituted therein for that of such dissolved undertaker.

...

C10

Term “lorry” further defined (18.05.1934) by Road Transport Act 1934 (17/1934), s. 3, commenced on enactment.

“Lorry”

3.—A mechanically propelled vehicle shall be deemed to be a lorry within the meaning of the Principal Act, where the following conditions are complied with, that is to say:—

(a) such vehicle is constructed and designed for the carriage of passengers;

(b) such vehicle has sitting accommodation for not more than six passengers (excluding the driver);

(c) such vehicle is for the time being used for the carriage of newspapers for reward.